Nghị định 37/2025/NĐ-CP chức năng, nhiệm vụ của Bộ Giáo dục và Đào tạo

DECREE

ON FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF EDUCATION AND TRAINING OF VIETNAM

Pursuant to the Law on Government Organization dated February 18, 2025;

At the request of the Minister of Education and Training;

The Government hereby promulgates a Decree on functions, tasks, powers and organizational structure of the Ministry of Education and Training of Vietnam.

Article 1. Position and functions

The Ministry of Education and Training of Vietnam is a governmental agency in charge of performing the state management of preschool education, general education, vocational education, higher education, and continuing education; developing vocational skills; performing state management of Vietnamese language and minority languages; performing state management of public services under the Ministry’s management.

Article 2. Tasks and powers

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1. Regarding legislation:

a) Submit the following documents to the Government, including bills and draft resolutions of the National Assembly, draft ordinances and draft resolutions of the Standing Committee of the National Assembly, draft decrees of the Government, resolutions, bills, schemes, drafts of decisions and directives of the Prime Minister and other documents as assigned by the Government and the Prime Minister; propose the Government to provide feedback on the bills and ordinances submitted by agencies, organizations, and National Assembly deputies to the National Assembly and the Standing Committee of the National Assembly related to sectors and fields under the state management of the Ministry;

b) Promulgate circulars and other documents under the state management of the Ministry of Education and Training as per the law;

c) Direct, guide, disseminate and monitor the implementation, inspection and organization of implementation of the promulgated documents as per the law.

2. Regarding strategies, master plans and plans:

a) Submit the following documents to the Government or the Prime Minister, including annual, medium-term and long-term development plans, schemes, master plans, strategies, national target programs, national programs, national action programs, and works of national importance under the Ministry’s management; publish (except contents classified as state secrets) and organize and direct the implementation of approved strategies, master plans, schemes and plans; mechanisms and policies for mobilization of social resources for developing the education and training sector, building a learning society, and classifying students for educational purposes;

b) Submit the following documents to the Prime Minister for approval, including master plans for development of a network of higher education institutions and pedagogical institutions; master plans for development of a network of vocational education and training institutions; master plans for development of special educational institutions for disabled persons, and inclusive education support and development centers.

3. Regarding educational objectives, programs and contents:

a) Instruct and organize the fulfilment of educational objectives conformable with educational levels and training qualifications of the national educational system;

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c) Promulgate general education programs; stipulate standards, compiling and editing processes of general education programs; stipulate tasks, powers, operational methods, standards, quantity and structure of the members of the national council for appraisal of general education programs; provide regulations on the teaching of upper secondary education knowledge in vocational education institutions;

d) Stipulate programs and contents, and organize execution of the national defense and security education programs for learners at senior high schools, higher education institutions, and vocational education institutions;

dd) Stipulate continuing education programs;

e) Stipulate the formulation, appraisal and promulgation of training programs and list of industries at higher education and vocational education levels; stipulate other vocational training programs according to vocational education laws;

g) Promulgate pre-university training programs;

h) Provide guidelines on building learning society and developing policies to promote lifelong learning.

4. Regarding state management of Vietnamese language and minority languages:

a) Propose regulations on policies for development and preservation of Vietnamese language and ethnic languages to the Government for promulgation;

b) Provide instructions on learning Vietnamese language for foreign citizens and overseas Vietnamese.

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a) Stipulate standards and compiling processes of guidelines for executing preschool education programs and the selection of toys and learning materials used in preschool education institutions;

b) Stipulate standards and compiling and editing processes of textbooks of general education; stipulate tasks, powers, operational methods, standards, quantity and structure of the members of the national council for appraisal of textbooks and provincial appraisal councils; stipulate the selection of textbooks for use in general education institutions;

c) Provide regulations on textbooks, syllabi and teaching materials of continuing education;

d) Stipulate compilation, selection, appraisal, approval and use of teaching materials and syllabi of higher education and vocational education; approve localized teaching and learning materials.

dd) Determine maximum prices of textbooks.

6. Regarding examination, testing, admission, training, and diplomas/degrees and certificates:

a) Propose the system of higher education degrees/diplomas and vocational education degrees/diplomas and stipulate the equivalent degrees/diplomas of some specific in-depth majors to the Government for promulgation;

b) Stipulate examination, testing, evaluation, admission, training, joint training and management of degrees/diplomas and certificates of the national educational system;

c) Stipulate recognition of degrees/diplomas issued by foreign educational institutions for use in Vietnam; the recognition of certificates allowed for use in the national educational system.

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a) Stipulate standards of titles and working principles of educators and education managers; provide guidance on positions of leadership and management, and professional titles in specialized fields, and the structure of public employees according to professional titles and the prescribed quantity of personnel working in public educational institutions.

b) Stipulate standards of heads and deputy heads of educational institutions;

c) Promulgate professional standards of educators; develop professional standards of job titles-based improvement training programs for lecturers, teachers and personnel working in the education field;

d) Promulgate codes of conduct for educators, for educational institutions;

dd) Propose standards and procedures for appointment and dismissal of the titles of professor and associate professor to the Prime Minister for promulgation;

e) Promulgate or propose policies for educators to competent authorities for promulgation; manage and instruct the implementation of policies on training, refresher training and benefits provided for educators and education managers;

g) Organize or delegate the authority to organize the consideration of title promotion for public employees in the educational sector according to regulations and delegated authority.

8. Regarding management of and support for learners:

a) Propose policies for learners to the Government or the Prime Minister for issuance; formulate and propose preferential credit policies for learners to competent authorities for issuance;

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c) Provide guidance and organize operation of school health services, provision of protection and health care for children in schools. Provide regulations on school nutrition education, organization of semi-boarding meals in schools; guidelines for building safe schools, preventing accidents and injuries among learners;

d) Provide regulations and guidelines and organize sports activities, sports competitions, and develop exercising education and sports movements within schools.

9. Regarding management of infrastructure facilities and equipment:

a) Formulate and promulgate within its competence or request competent authorities to promulgate standards and regulations on infrastructure facilities, libraries and equipment of schools, and textbooks in accordance with regulations of law;

b) Stipulate criteria and norms for use of specialized machinery and equipment and criteria and norms for use of specialized areas of public works under the Ministry’s management.

c) Organize application of standards for infrastructure facilities and list of equipment according to educational levels and training qualifications of the national education system.

10. Regarding finance, assets and public investment:

a) Make annual budget estimates, 03-year state budget-financial plans of the Ministry of Education and Training of Vietnam; allocate its annual budget; perform rights and responsibilities of the owner’s representative of public property under its management as prescribed by law and as assigned by the Government; participate in formulating budget expenditure regimes, standards and norms in the fields of education and training and vocational education; participate in consolidating state budget estimates, plans for allocation of annual central-government budget, 05-year financial plans, 03-year state budget-financial plans, and annual budget statements in the fields of education and training and vocational education; inspect and monitor the implementation of state budget in the fields of education and training and vocational education;

b) Promulgate and instruct the implementation of standards, norms and use regimes of public property under the Ministry’s management or under the delegated authority according to the provisions of law on management and use of public property; instruct procedures and formulate, appraise and promulgate technical-economic norms in the field of education and training under the delegated management of the Ministry; instruct methods for setting education and training and vocational education service prices applied in the fields of education and training and vocational education; disclose and make reports on management and use of public property under the Ministry’s management in accordance with regulations of law;

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d) Propose investment lists, investment guidelines, approve decisions on investment in programs/projects funded by ODA loans, concessional loans and ODA grants other than those provided for Vietnam by foreign authorities, organizations or citizens in accordance with regulations of law; manage monitoring and supervision tasks of execution of such programs/projects; perform functions of the governing body of such programs/projects under its management as prescribed by law;

dd) Appraise pre-feasibility study reports and feasibility study reports of programs, projects and schemes in the fields and sectors under the Ministry’s management;

e) Perform rights, responsibilities and obligations of the state owner with regard to state-owned enterprises and state capital portions invested in other enterprises in accordance with regulations of law.

11. Regarding education quality assurance:

a) Promulgate standards of higher education institutions and vocational education institutions, standards of training programs at different levels of higher education; stipulate the minimum volume of knowledge, competency requirements that learners must satisfy upon graduation for each level of higher education and vocational education;

b) Stipulate conditions, procedures for opening and suspending sectors at various levels of higher education and vocational educations;

c) Stipulate the determination of admission targets for various levels of higher education and vocational education;

d) Direct and instruct the education quality assurance and public operation in education and training institutions.

12. Regarding education quality accreditation:

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b) Propose conditions and procedures for establishment, permission and suspension of operation, and dissolution of education quality accreditation organizations to the Government for adoption; stipulate conditions and procedures for operation of foreign education quality accreditation organizations in Vietnam;

c) Issue establishment decisions or delegate authority to issue decisions to establish, permit operation of, suspend or dissolve education quality accreditation organizations; issue and revoke decisions on recognition of operation of foreign education quality accreditation organizations in Vietnam; stipulate supervision and assessment of education quality accreditation organizations;

d) Manage the accreditation of training programs and educational institutions. Provide guidelines for organizations, individuals and educational institutions on evaluation and accreditation of education quality; inspect and evaluate the implementation of regulations on education quality accreditation.

13. Regarding online education, science, technology, information, environmental protection education, and digital transformation in the education sector:

a) Take responsibility for state management of online education, for education and training activities within the national education system;

b) Request competent authorities to promulgate or issue regulations, mechanisms and policies on scientific and technological activities, innovation, and environmental protection education in educational institutions; the application of information technology and digital transformation in the activities of the education sector; and the effective management and utilization of scientific and technological resources in the fields of education and training in accordance with the law.

c) Provide guidance and organize implementation and monitoring of the application of science, technology, information technology and digital transformation on the field of education as per the law; organize performance of scientific, technological and innovative tasks, and education for environmental protection;

d) Organize and direct the production of educational statistics; collect, compile, analyze, manage, store, and publish statistical information in the education sector; develop and issue a system of statistical indicators and statistical reporting regulations in the education sector;

dd) Build education databases; implement data connection and sharing according to the provisions of law; deploy common applications and platforms based on these education databases.

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a) Provide regulations on training and refresher training in vocational skills and training, refresher training, updating of knowledge and skills, and improvement of professional capacity for workers;

b) Provide guidelines for organizing teaching festivals and competitions at all levels; organizing national teaching festivals and competitions and participating in regional and world skill competitions;

c) Provide guidelines for formulation, appraisal and publication of national vocational skill standards; regulations on the issuance of national vocational skill certificates.

15. Regarding management of education and training institutions:

a) Promulgate charters and regulations on organization and operation of preschools, primary schools, lower secondary schools, upper secondary schools, multi-level schools, continuing education institutions, special schools, vocational schools, vocational education centers, national defense and security education centers, and other educational institutions as prescribed by law; guide and organize the implementation of regulations on organizational structures of higher education institutions and vocational education institutions;

b) Propose the following to the Government for promulgation: conditions, procedures and authority to establish or approve establishment, registration or permission of educational operation, suspension of educational operation, merger, full division, partial division, dissolution of educational institutions, branches of higher education institutions; name or rename higher education institutions and vocational education institutions; convert universities into parent universities and establish schools affiliated to higher education institutions; associate universities for establishing parent universities; convert private higher education institutions into non-profit private higher education institutions; convert private vocational education institutions into non-profit private vocational education institutions;

c) Issue decisions to establish national defense and security education centers under higher education institutions; decisions to permit educational operation, suspend educational operation for higher education institutions, branches of higher education institutions, and institutes established by the Prime Minister in accordance with the provisions of the Law on Science and Technology, national defense and security education centers, and other educational institutions as prescribed by law; decisions to establish representative offices of foreign higher education institutions operating in the field of higher education;

d) Issue decisions to establish, approve establishment, full division, partial division, merger, dissolution, renaming, permit or suspend operation of vocational education institutions and national defense and security education centers under vocational education institutions; decisions to establish representative offices of foreign vocational education institutions and organizations in Vietnam; recognize presidents of private colleges under the Ministry's authority;

dd) Perform the role of the regulatory authority of national universities; propose to the Government to provide specific regulations on functions, tasks and powers of national parent universities; propose to the Prime Minister to issue the Regulation on the organization and operation of national universities and member higher education institutions;

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16. Regarding international cooperation:

a) Propose to the Government or the Prime Minister to decide guidelines and measures for strengthening and developing relationship with foreign countries and international organizations; signing, acceptance, approval, or accession and measures for ensuring the implementation of international treaties on education in the name of the State or the Government under the state management of the Ministry;

b) Organize negotiation and signing of international treaties with authorization of competent regulatory authorities, and organize the implementation of international cooperation plans or international treaties on education to which Vietnam is a signatory under the Ministry’s state management;

c) Join international organizations as assigned by the Government or the Prime Minister; sign and organize the implementation of international agreements in the name of the Ministry of Education and Training in accordance with law;

d) Propose regulations on foreign cooperation and investment in the field of education to the Government for promulgation;

dd) Manage and instruct educational institutions under the state management of the Ministry of Education and Training in performing international cooperation in teaching and training;

e) Promulgate or propose promulgation of regulations on management of operation of educational institutions involving foreign elements in Vietnam;

g) Issue regulations on management and instruct educational institutions under the state management of education of the Ministry of Education and Training in accepting training and management of foreigners studying in Vietnam;

h) Perform state management of Vietnamese citizens studying, teaching, and performing scientific research and academic exchange abroad under the state management of education of the Ministry.

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a) Stipulate the emulation and commendation in the education sector; stipulate the emulation and commendation of educational institutions;

b) Propose regulations on consideration of awarding the titles of “Nhà giáo nhân dân” (“People’s Teacher”) and “Nhà giáo ưu tú” (“Meritorious Teacher”) to the Government for promulgation;

c) Organize emulation movements and perform emulation and commendation affairs in the education sector.

18. Regarding public services:

a) Perform state management of prices of public services in the fields of education and training and vocational education in accordance with law;

b) Develop and promulgate, revise technical-economic norms and cost norms (if any) as the basis for setting unit prices or prices of public services funded by state budget under the Ministry’s management in accordance with pricing laws and relevant laws, which shall establish the grounds for assigning tasks, commissioning or inviting bids for provision of public services in accordance with law;

c) Provide guidelines for implementation of policies and laws, and assist organizations in providing public services under the Ministry’s management.

19. Regarding inspection tasks:

a) Carry out inspection of the compliance by ministries, ministerial agencies, Governmental agencies, the People's Committees at all levels and relevant agencies and units with education law under the Ministry’s management;

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c) Discharge the responsibility to manage the imposition of penalties for administrative violations against regulations on education in accordance with law.

20. Decide and direct the execution of programs for administrative reform of the Ministry of Education and Training according to targets and contents of the programs for state administrative reform approved by the Government and Prime Minister of Vietnam.

21. Perform state management of non-governmental organizations or associations under the Ministry’s management in accordance with law.

22. Manage organizational structure; job positions, official payroll and structure of official ranks; job positions, number and professional title-based structure of public employees; number of employees working under employment contracts under the Ministry’s management. Decide and delegate authority to make decisions on employment, use and management of the Ministry’s officials, public employees and employees in accordance with regulations of law and of the Communist Party’s of Vietnam; decide the payroll for officials in charge of the Communist Party and trade union’s affairs; provide professional training, retraining and drilling, and other policies and benefits for officials, public employees under its management in accordance with regulations of law. Implement measures for tightening administrative disciplines and rules imposed on the Ministry’s officials, public employees and contractual employees; perform tasks of thrift practice, waste combat, anti-corruption, anti-misconduct, anti-bureaucracy and fight against authoritative attitude in organizations and units under the Ministry’s management.

23. Perform other tasks and powers assigned by the Government or the Prime Minister or in accordance with law.

Article 3. Organizational structure

1. Early Childhood Education Department.

2. General Education Department.

3. Higher Education Department.

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5. Department of Student Affairs.

6. Legal Department.

7. Department of Personnel and Organization.

8. Planning and Finance Department.

9. Ministry Office.

10. Inspectorate.

11. Educator and Education Managers Department.

12. Quality Control Department.

13. Science, Technology and Information Department.

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15. Vocational Education and Continuing Education Department.

16. “Giao duc va Thoi Dai” newspaper.

17. “Giao duc" magazine.

18. Vietnam National Institute of Educational Sciences.

Units prescribed in clause 1 through clause 15 of this Article are organizations affiliated to the Ministry of Education and Training that assist the Minister in performing state management; the units prescribed in clause 16 through clause 18 of this Article are public service providers serving the state management of the Ministry of Education and Training.

The Minister of Education and Training of Vietnam shall propose the list of other public service providers affiliated to the Ministry of Education and Training to the Prime Minister for promulgation.

The Minister of Education and Training of Vietnam shall promulgate decisions on functions, tasks, powers and organizational structures of units affiliated to the Ministry of Education and Training as per the law, except those under the jurisdiction of the Government or the Prime Minister.

Article 4. Transition clauses

The Directorate of Vocational Education and Training and the Continuing Education Department shall continue performing their tasks and powers in accordance with law until the Minister of Education and Training of Vietnam promulgates a Decision on functions, tasks, powers and organizational structure of the Vocational Education and Continuing Education Department. Such Decision shall be promulgated before March 31, 2025.

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1. This Decree comes into force from March 01, 2025.

2. This Decree shall replace Decree No. 86/2022/ND-CP dated October 24, 2022 of the Government on function, tasks, powers and organizational structure of the Ministry of Education and Training.

Article 6. Implementation responsibilities

Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People's Committees of provinces and central-affiliated cities are responsible for implementation of this Decree.

ON BEHALF OF. GOVERNMENT OF VIETNAM
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Le Thanh Long